An Advance Decision, also commonly named a Living Will, is a document that determines the specific medical care you wish to receive if you’re no longer able to make medical decisions for yourself. 

Doctors and healthcare workers commonly request this document to understand what treatments to provide during a medical emergency or end-of-life care. 

Other names for an Advance Decision include:

• Advance decision to refuse treatment (ADRT)
• Advance directive
• Health care directive
• Medical power of attorney

LawDepot’s Advance Decision template is available for England, Wales, Northern Ireland, and Scotland.

An Advance Decision is a document that informs your healthcare providers of what kind of treatment you wish to receive in the event of certain medical situations. 

A Power of Attorney is where you can name an attorney to handle your day-to-day affairs like finances, business, and real estate should you become incapacitated or be absent for extended periods. It doesn’t include any medical decisions unless you create a Lasting Power of Attorney to work alongside your Advance Decision.

If you create a Lasting Power of Attorney for Health and Welfare in England, Wales, and Scotland, you appoint someone who can use your Advance Decision to follow through with your medical requests.

An Advance Decision is a key part of estate planning that provides multiple benefits.

1. Gives you control

First, it gives you control when you can’t speak for yourself. Doctors may ask if you have an Advance Decision in situations such as you’re about to begin treatment or you’re going in for surgery where there is a possibility for incapacitation.

Medical staff will intervene and make decisions on your behalf if you don’t have an Advance Decision or a Lasting Power of Attorney. Without documenting your wishes, their choices may not be what you want for yourself.

2. Protects your family

Next, having an Advance decision saves your family from making tough choices on your behalf. If your family and friends don’t know your medical wishes, they’ll have to follow their best instincts in making your medical decisions. This responsibility can be incredibly difficult for families.

3. Promotes conversation

When you create an Advance Decision with a Lasting Power of Attorney (LPA) in England, Wales, or Scotland, you can discuss your medical intervention choices and end-of-life care with your chosen healthcare agent so they can inform medical staff of your wishes.

In Northern Ireland, you don’t name a healthcare agent in your Advance Decision. However, making one will outline your wishes to assist healthcare professionals in making decisions for your care. It’s still important for Northern Irish residents to discuss their decisions with family and medical personnel. 

You can create an Advance Decision when you’re at least 18 years old and have the mental capacity to create one.

You need to fully understand the consequences of your treatment choices and should not be unduly influenced by anyone else during your decision-making process.

It’s important to note that you cannot include certain requests in your Advance Decision, including:

• Demands for unlawful treatments, such as assisted suicide
• Requests for treatment that your medical team deems unnecessary or inappropriate

LawDepot’s questionnaire will only prompt you to include details required to create an Advance Decision that’s valid in your country. 

LawDepot’s customisable Advance Decision template helps you make a downloadable PDF to add or save to your estate plan. Follow our questionnaire with these easy steps:

1. Add your details

First, select the country where you reside so we can customise your document to follow local rules and legislative requirements. 

Then, include your full name, address, gender, and date of birth.

2. Create an advanced statement of values and beliefs

LawDepot’s template allows you to include an advance statement if it applies to your circumstances. This statement specifies your beliefs and morals that may be relevant to your health care. While this statement provides guidance about the types of treatment you would want, it isn't binding on doctors or health care professionals. 

This statement can provide extra information that may affect your treatment if you’re hospitalized, such as your definition of quality of life or beliefs regarding specific treatments. 

For example, an advance statement can include a belief that no life support or prolonged, aggressive medical treatment be provided when there are no reasonable expectations of recovery.

3. Determine your treatment decisions

Next, determine what medical intervention (i.e., needing life support, tube feeding, CPR, or treatment) you want done should the following take place:

• You develop a terminal condition
• Become persistently unconscious
• Develop severe and permanent mental impairment

You can also include other instructions and requests for treatments you wish to include in your Advance Decision and your wishes for organ donation. You’ll also be prompted to include your decisions on behaviour-controlling and pain-controlling drugs.

4. Add signing details 

Finally, add your signing details. This includes the date you will sign your document. If you don’t know yet, you can leave it blank and write in the date later.

You must add the city and county where you’ll sign your document and the number of witnesses you’ll have present.

Yes, you must have at least one witness present when signing your Advance Decision. They must sign in their allotted signature space. 

A witness validates your signature and determines your capacity to help avoid future conflicts if the document is questioned.  

Who can be a witness?

A witness must be at least 18 years old and of sound mind. Your witness should not be:

• Your spouse or partner
• Entitled to any portion of your estate
• A healthcare provider or an employee of your healthcare provider
• An employee of a nursing or care facility where you live
• Your attorney under a Lasting Power of Attorney

Yes, you can revoke or change your Advance Decision. Reasons you may need to update your document include: 

• You’re diagnosed with a new illness
• You have a change in marital status
• You change your choices for medical care

You can do this in writing or by creating a new Advance Decision. Give the new document and copies to the appropriate people (e.g., doctor, care home, chosen attorney), and destroy the outdated versions.